Terms of sale

Terms and Conditions of Sale

PREAMBLE

MÂCHE & CO (hereinafter referred to by its commercial name "ZALG"), a simplified joint-stock company with a share capital of 11,982.20 euros, headquartered at 9, rue Paul Helleu, 56000 Vannes, markets food products, including, but not limited to, prepared products, condiments, and appetizer products based on seaweed (hereinafter referred to as the "Products").

ARTICLE 1 – Purpose and Scope

Sales made by any individual of legal age (hereinafter referred to as the "Customer") on the website www.papachiche.com (hereinafter referred to as the "Website") are governed by these terms and conditions of sale.

When the Customer clicks on the "Order" icon and checks the box "I have read and accept the terms and conditions of sale" to confirm their order, they acknowledge having carefully read the Terms and Conditions of Sale and accept them without reservation.

ZALG reserves the right to modify these Terms and Conditions of Sale at any time.

The Terms and Conditions of Sale applicable to the order are those in effect on the Website on the date the order is placed by the Customer.

ARTICLE 2 – PRODUCTS MARKETED BY ZALG

Product Presentation (Essential Characteristics)

ZALG informs the Customer of the essential characteristics of the Products offered for sale, including the presence of allergens, on each Product's page. The presentation of the products, particularly through photographs, is not contractual. If differences in presentation appear, they cannot give rise to any reimbursement. ZALG reminds the customer that it is preferable to consume the products before the date indicated on each product.

Product Availability

ZALG undertakes to honor online orders within the limits of available stocks.

The available Products are those listed on the Website on the day of consultation by the Customer, unless otherwise stated.

In the event of unavailability, ZALG undertakes to inform the Customer as soon as possible by email or phone. The Customer can then cancel or modify their order, and a substitute product may be sent with their prior agreement.

At any time, ZALG reserves the right to cease marketing a Product.

Product Prices

All prices are indicated in euros including VAT (all taxes included); they do not include delivery charges.

In case of a change in the VAT rate, it may be reflected in the Product prices.

ZALG reserves the right to modify the prices listed on the Website at any time and without notice.

Products will be billed based on the rates in effect at the time of order validation by the Customer.

ARTICLE 3 – Creating a Customer Account

Orders are placed online directly on the Website www.zalg.fr.

When placing their first order, the Customer must create a customer account: first name, last name, a valid email address, and a password must be entered by the Customer.

In case of loss of the password, the Customer enters their email address in the corresponding field, and the system will automatically resend it to their email address.

The Customer undertakes to provide accurate information; any error on their part will not hold ZALG responsible.

ARTICLE 4 – Order Procedures

Order Procedure

The Customer declares and attests to being of legal age and having full legal capacity to place an order.

The Customer places their order on the Website. Any order constitutes acceptance without reservation of the price corresponding to the Product(s) ordered.

Before payment, the Customer can check the ordered Product(s), the quantity, and the total price within their cart. If they wish, they can modify the terms of their order or not complete it.

They validate their order by clicking on the "Order with obligation to pay" button, then declare accepting these Terms and Conditions of Sale without reservation.

Finally, the Customer proceeds to payment. They have the option to print their order summary.

In accordance with Article 1127-2 of the Civil Code, upon registering their order, an acknowledgment of receipt is sent to the email address provided.

This acknowledgment specifies:

  • the order number,
  • the list of ordered product(s),
  • the VAT-inclusive price of each product and the total order price,
  • the delivery charges,
  • the right of withdrawal,
  • the essential characteristics of the Product ZALG reserves the right to refuse or cancel any order from a Customer in case of abnormal orders regarding the quantities ordered.

Delivery of Products

Product delivery is made to the address specified by the Customer. No delivery can be made to a hotel or P.O. box.

The Customer is entirely responsible for any error in their address, delaying or making the delivery of Products impossible. In this situation, the costs incurred for a new delivery remain the responsibility of the Customer.

The indicated delivery times are usual average delivery times corresponding to the total processing and shipping times. ZALG is not bound by the indicated delivery times.

In case of multiple Products with different shipping dates, the entire order will be prepared when all the products are in stock.

The Customer undertakes to verify the integrity of the package upon delivery. The Customer must check the content of their package, the condition of the goods, and, if necessary, make written reservations on the delivery note by having the delivery person sign next to them.

The Customer has 3 (three) business days to take action against the carrier by registered letter with acknowledgment of receipt, and agrees to send a copy to ZALG.

Delivery is deemed compliant when the Customer or an authorized person signs the delivery note.

In case of delayed delivery or lost package(s) by the carrier, the Customer must notify ZALG by email or mail within 30 (thirty) days of receiving the order confirmation email.

ARTICLE 5 – Payment and Retention of Title

Full payment is made in euros on the Website when ordering.

At no time can the amounts paid be considered as deposits or down payments. Payment is made by Credit Card (CB) via the Shopify Payment module.

In accordance with Article L.132-2 of the Monetary and Financial Code, the commitment to pay made with a payment card is irrevocable. By providing their credit card information, the Customer authorizes ZALG to debit their credit card for the amount corresponding to the Product prices, plus delivery charges, all taxes included.

To this end, the Customer confirms that they are the holder of the bank card to be debited, that the name on the bank card is indeed theirs, and that they have the necessary authorizations to proceed with the payment if applicable. The Customer provides the sixteen digits and the expiration date of their credit card, as well as, if applicable, the visual cryptogram numbers.

In case of fraudulent use of their credit card on the Website, the Customer is invited to contact ZALG at the following email address: info@zalg.fr

If debiting the amounts owed by the Customer is impossible, the online sale would be immediately terminated by law, and the order would be canceled.

An order summary is sent by email to the Customer for each order. The invoice is also available in the customer account.

In any event, the Products remain the property of ZALG until full payment of all amounts due by the Customer for the order, including fees and taxes.

Payment Security

Transactions made on the Website are secured by the payment system of Shopify Payment.

The Customer's data cannot be detected, intercepted, or used by third parties. At no time do the Customer's financial data transit on ZALG's computer system. Shopify Payment verifies that the connection with the Customer's browser is secure before sending the payment form to the banking institution that carries out the financial transaction.

As a technical service provider, Shopify Payment does not handle order disputes, which are directly addressed by ZALG as specified above or, if applicable, by the Customer's bank.

ARTICLE 6 – Product Warranty

ZALG guarantees that the delivered Products conform to the validated order.

In case of a missing Product, the Customer must inform ZALG as soon as possible, no later than 24 hours after receiving the order.

The legal provisions relating to the warranty for hidden defects (Article 1641 and following of the Civil Code) and the conformity warranty (Articles L. 217-3 and following of the Consumer Code) apply and are reproduced below:

In this regard, it is recalled that ZALG is responsible for Product conformity defects under the conditions of Article L.217-4 and following of the Consumer Code and hidden defects of the item sold under the conditions provided in Articles 1641 to 1648 and 2232 of the Civil Code.

When acting under the legal warranty of conformity, the Customer:

  • Benefits from a two-year period from the delivery of the item to take action;
  • Can choose between repairing or replacing the item, subject to the cost conditions provided by Article L. 211-9 of the Consumer Code;
  • Is exempt from proving the existence of the conformity defect of the item during the twenty-four months following the delivery of the item. The legal conformity warranty applies independently of any commercial warranty that may be granted. The Customer can decide to implement the warranty against hidden defects of the sold item within the meaning of Article 1641 of the Civil Code. In this case, they can choose between canceling the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code.

Current Texts:

Article L217-4 of the Consumer Code

The seller delivers goods that comply with the contract and is liable for conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from packaging, assembly instructions, or installation when the contract makes them responsible or when it has been carried out under their responsibility.

Article L217-5 of the Consumer Code

The goods comply with the contract:

1° If they are suitable for the use usually expected of similar goods and, if applicable:

  • If they correspond to the description given by the seller and possess the qualities presented to the buyer in the form of a sample or model;
  • If they present the qualities that a buyer can legitimately expect given the public statements made by the seller, by the producer, or by their representative, particularly in advertising or labeling;

2° Or if they present the characteristics defined by mutual agreement between the parties or are suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by them.

Article L217-6 of the Consumer Code

The seller is not bound by the public statements of the producer or their representative if it is established that they did not know them and were not legitimately in a position to know them.

Article L217-12 of the Consumer Code

The action resulting from the conformity defect is prescribed by two years from the delivery of the goods.

Article 1641 Civil Code

The seller is bound by the warranty for hidden defects of the item sold which make it unsuitable for the use for which it is intended, or which diminish its use to such an extent that the buyer would not have acquired it, or would have given a lower price for it if they had known about them.

Article 1648 paragraph 1 Civil Code

The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.

In case of return for non-conformity or hidden defect, the Customer must make a request to ZALG by email at the following address: paul@papachiche.com, clearly stating the defect or non-conformity observed.

ZALG will examine the Customer's request and proceed with the reimbursement of the Product(s) if it is founded.

No return for non-conformity or hidden defect will be accepted without prior validation from ZALG.

ARTICLE 7 – Right of Withdrawal

Orders containing foodstuffs with a best-before date (DLUO) and/or perishable foodstuffs with a use-by date (DLC) are not subject to the legal right of withdrawal and cannot be canceled once the order has been validated by ZALG.

The period within which you can cancel your order is set at 24 hours after payment is made, provided the order has not already been shipped. Once the order is shipped, you cannot cancel it.

The Products offered comply with the French legislation in force. ZALG's liability cannot be engaged in case of non-compliance with the legislation of the country where the Products are delivered. It is the Customer's responsibility to check with local authorities the possibilities of importing or using the products they plan to order.

In case of complaint, you can contact ZALG first to obtain an amicable solution by sending your emails to info@zalg.fr.

Any complaint regarding a product defect must be made within 30 days.

ARTICLE 8 – Liability

ZALG's liability cannot be engaged for any inconvenience or damage inherent to the use of the Internet, particularly a service interruption, an inability to access the Site, an external intrusion, or the presence of computer viruses, or any event qualified as force majeure, in accordance with French jurisprudence.

ARTICLE 9 – Customer Service

For any information, question, or complaint, ZALG's customer service is at the Customer's disposal:

By email: info@zalg.fr By registered mail: ZALG, 1 rue Bourseul, 56890, Saint Avé.

ARTICLE 10 – Intellectual Property

The layout, structure, and graphical and textual elements of the SITE are the property of ZALG and are subject to intellectual property laws.

Use of the Site does not confer any rights to the Customers. These rights remain the exclusive property of ZALG.

Thus, all texts, data, logos, images, photographs, trademarks (without this list being exhaustive) reproduced on the Site are reserved and protected by the Intellectual Property Code, including

copyrights, trademark rights, etc. Any use and/or reproduction is prohibited and constitutes infringement punishable according to the provisions of the said Code.

Consequently, Customers cannot in any way and by any means, reproduce, represent, distribute, market, grant all or part of any of the elements reproduced on the Site and all or part of the Site in general, without the prior and express authorization of DGLA.

In addition, Customers are prohibited from making copies of the Site without prior authorization from ZALG.

Any unlawful use of any part of the Site may result in prosecution.

The creation of a link to the Site must be subject to prior written authorization from ZALG.

ARTICLE 11 – Personal Data

Type of Data Collected:

The personal data collected and subsequently processed by ZALG are those that the Customer voluntarily transmits and concern, at a minimum, the Customer's first and last name, telephone number, and a valid email address.

Purpose of Personal Data Collection:

The data identified as mandatory in the form are necessary for order management, payment authentication, and Product delivery.

Transmission of Data to Third Parties:

ZALG undertakes not to transmit the data to third parties other than those strictly necessary for the execution of the order.

Duration of Personal Data Retention:

These data are stored and retained for the time necessary to achieve the purposes mentioned above.

The data is retained for a maximum period of THREE (3) years from the end of the business relationship.

Right of Access and Rectification:

The Customer is informed that, in accordance with French and European regulations in force, they have the following rights, subject to proof of identity:

  • The right to object, for legitimate reasons, to the processing of their personal data other than those announced in these Terms to which they have consented;
  • The right to object, without charge, to the current or future commercial processing of the collected data by the data controller;
  • The right to be informed about the processing of their personal data;
  • The right to obtain information about the processing of personal data managed by ZALG and all information to know and, if necessary, contest the logic behind the processing of said data;
  • The right to obtain a copy of the personal data concerning them, as well as the right to rectification, portability, updating, or deletion of all or part of said data; The Customer can exercise their rights by contacting ZALG, indicating their first name, last name, and email address, by email at the following address: info@zalg.fr or by postal mail at: ZALG, 1 rue Bourseul, 56890, Saint Avé.

Password Confidentiality:

The Customer agrees and acknowledges that they are responsible for maintaining the confidentiality of the passwords associated with any account used to place orders on the Site. Consequently, the Customer agrees to be the sole and exclusive responsible towards ZALG for all acts performed from their account.

If the Customer becomes aware of unauthorized use of their password or account, they agree to inform ZALG without delay at the following address: info@zalg.fr or by postal mail at: ZALG, 1 rue Bourseul, 56890, Saint Avé.

Receiving Commercial Offers:

Depending on the choices made when creating or consulting the account, the Customer may receive offers from ZALG and/or its partners, as indicated when creating the account. If the Customer changes their mind and no longer wishes to receive commercial offers, they can request it at any time by sending an email to the following address: info@zalg.fr or by postal mail at: ZALG, 1 rue Bourseul, 56890, Saint Avé.

The Customer is informed that if they do not wish to be the subject of commercial prospecting by telephone, they can register for free on an opposition list, for example: www.bloc-tel.gouv.fr.

ARTICLE 12 – Force Majeure

ZALG's liability cannot be sought for any delay or contractual failure resulting from a case of force majeure, that is to say, an event external to the parties, irresistible, and unpredictable according to Article 1218 of the Civil Code.

The execution of ZALG's obligations will be suspended by the occurrence of an event constituting force majeure as interpreted by the French courts. In such a case, ZALG will inform the Customer as soon as possible of the duration of the force majeure event and its foreseeable consequences.

ARTICLE 13 – Modification of the Terms and Conditions of Sale

ZALG reserves the right to modify the provisions of these terms and conditions of sale at any time, with the Customer being bound by these modifications.

Orders will thus be governed by the version of the terms and conditions of sale in force on the day of their validation by the Customer.

ARTICLE 14 – Independence of Clauses

If one (or more) provision(s) of these terms and conditions of sale is deemed invalid, the validity of the other stipulations will not be affected unless they present an inseparable character with the invalidated provision.

ARTICLE 15 – Non-Waiver

The fact that ZALG does not invoke one of the clauses of these terms and conditions at any given time cannot be considered as a waiver of the right to invoke these same clauses at a later date.

ARTICLE 16 – Entire Agreement

These Terms and Conditions of Sale, the General Conditions of Use of the Site, and the order summary sent to the Customer form a contractual whole and constitute the entire agreement between the Parties.

ARTICLE 17 – Applicable Law – Competent Courts

The sales contract concluded between ZALG and the Customer is subject to French law, excluding the application of any international conventions.

The language of this contract is French.

In case of a dispute, the Customer has the possibility to use the European online dispute resolution platform (ODR) available at the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show

Failing mediation, the competent jurisdiction is that of the French courts, with the competent court being designated according to the procedural rules in force in France at the time of the dispute.